General Terms and Conditions of Contract (GTCC) of Berliner Fenster GmbH
1. General provisions, Clients
(1) All offers, purchase contracts, deliveries and services based on orders placed by our customers (hereinafter referred to as "Customers") via our online shop www.berlinerholzfenster.de (hereinafter referred to as the "Online Shop") are subject to these General Terms and Conditions.
(2) The product range in our online shop is aimed at consumers and entrepreneurs, in both cases as end Customers. For the purposes of these General Terms and Conditions, (i) a "Consumer" is any natural person who enters into the contract for a purpose that can be attributed neither to his or her commercial nor to his or her independent professional activity (§ 13 German Civil Code, "BGB") and (ii) an "Entrepreneur" is a natural or legal person or a partnership with legal capacity who, when entering into the contract, acts in the exercise of his or her commercial or independent professional activity (§ 14 para. 1 BGB).
(3) The Customer's terms and conditions of business shall not apply, even if we do not separately object to their validity in individual cases.
2. Conclusion of contract
(1) Our offers in the Online Shop are non-binding.
(2) By placing an order in the Online Shop, the Customer makes a binding offer to purchase the relevant product. We have the right to accept the offer until the end of the (third) working day following the day of the offer.
(3) We will send the Customer a confirmation of receipt of the offer immediately after receipt of the offer, which does not constitute acceptance of the offer. The offer shall only be deemed accepted by us as soon as we declare acceptance to the Customer (by e-mail). The purchase contract with the Customer shall only be concluded upon our acceptance.
(4) Every Customer who is a Consumer is entitled to revoke the offer and return the goods in accordance with the special revocation and return instructions provided on our website as part of the order, using the (non-mandatory) revocation form.
(5) Each order is produced after conclusion of the contract as an custom-made manufacture for the respective Customer on the basis of the data determined in the binding offer (type, materials and measurements).
(6) The Customer is solely responsible for the correctness of the measurement and for its correct transmission. We do not check the data transmitted by the Customer or the compliance with official or legal requirements. Any liability for the correctness of the measurement and the correct transmission is excluded.
3. Prices and payment
(1) Our prices include the statutory value added tax, but not shipping costs. Customs duties and similar charges shall be borne by the Customer.
(2) The implementation of the order and delivery shall take place exclusively against advance payment (in the manner specified in the online shop on the order form) on the basis of an invoice.
(3) The Customer shall have no right of set-off or retention unless the counterclaim is undisputed or has been legally established.
(1) The deadlines for the completion of the respective order shall be determined by us in the acceptance of the offer pursuant to section 2 (2). The deadlines for the completion of the goods do not refer to the delivery deadlines. The deadlines for the completion of the goods begin on the day of receipt of the full purchase price (including VAT and shipping costs). The delivery period begins with the handover of the goods to the carrier.
(2) Deadlines for the completion of the goods are always only approximate and may therefore be exceeded by up to three working days.
5. Shipping method and duration of shipment, insurance and transfer of risk
(1) The goods shall be delivered exclusively within the Federal Republic of Germany. Unless expressly agreed otherwise, we shall determine the appropriate shipping method and the transport company at our reasonable discretion.
(2) We only owe the timely, proper delivery of the goods to the shipping company and are not responsible for delays caused by the shipping company. A shipping period declared by us (period between handover by us to the shipping company and delivery to the Customer) is therefore non-binding.
(3) If the Customer is a Consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the Customer at the time when the goods are delivered to the Customer or the Customer is in default of acceptance. In all other cases, the risk shall pass to the Customer upon delivery of the goods to the shipping company, provided that we are only responsible for the shipment.
(4) We shall insure the goods against the usual transport risks at our expense.
6. Retention of title
(1) We retain title to the goods delivered by us until full payment of the purchase price (including VAT and shipping costs) for the goods in question.
(2) Without our prior written consent, the Customer shall not be entitled to dispose of the title to the goods delivered by us and still subject to retention of title ("Retained Goods"). The disposal of the Customer's legal position with regard to the goods subject to retention of title (so-called remainder, Anwartschaftsrecht) shall remain permissible as long as the third party is made aware of our right of ownership.
(3) The Customer shall treat the reserved goods with care.
(4) In the event of access by third parties - in particular by bailiffs - to the reserved goods, the Customer shall declare our ownership and notify us immediately so that we can enforce our ownership rights.
(5) In the event of default in payment, we shall be entitled to demand the return of the reserved goods if we have withdrawn from the contract.
(1) The statutory provisions shall apply to the Customer's rights in the event of material defects and defects of title (including wrong delivery and short delivery as well as improper assembly or defective assembly instructions), unless otherwise stipulated below. In all cases, the special statutory provisions shall remain unaffected in the case of final delivery of the unprocessed goods to a Consumer, even if the Consumer has processed them further (supplier's recourse pursuant to § 478 BGB, Lieferantenregress). Claims on the basis of the right of supplier´s recourse are excluded if the defective goods have been further processed by the Customer or another Entrepreneur.
(2) The basis of our liability for defects is primarily the agreement on the legal and factual nature of the goods (Beschaffenheitsvereinbarung). The agreement on the legal and factual nature of the goods shall be based on and include all specifications of the goods which have been individually agreed with the Customer or publicly declared by us (in particular on our Internet homepage).
(3) Insofar as the quality has not been agreed, it shall be assessed in accordance with the statutory regulation whether a defect exists or not (§ 434 sec. 1 sentence 2 and 3 BGB).
(4) The Customer's claims for defects are subject to fulfilment of his statutory obligations to examine the goods and give notice of defects (§§ 377, 381 HGB). If a defect becomes apparent during delivery, inspection or at any later time, we must be notified of this in writing without delay. In any case, obvious defects must be notified to us in writing within 7 working days of delivery and defects which are not recognizable during the inspection must be notified to us within the same period of time after discovery. If the Customer fails to carry out the proper inspection and/or give notice of defects, our liability for the defect not reported or not reported in time or not reported properly shall be excluded in accordance with the statutory provisions.
(5) If the delivered good is defective, we may provide subsequent performance by delivering a defect-free good (replacement delivery). Our right to refuse subsequent performance under the statutory conditions remains unaffected. In the event of impossibility of subsequent delivery due to failure to deliver the relevant goods, the purchase price shall be refunded.
(6) We are entitled to make the subsequent performance owed dependent on the Customer paying the purchase price due. However, the Customer is entitled to retain a reasonable part of the purchase price in relation to the defect.
(7) The Customer shall give us the time and opportunity required for the subsequent performance owed, in particular to hand over the goods which have been subject to his complaint for inspection purposes. In the event of a replacement delivery, the Customer shall return the defective item to us in accordance with the statutory provisions.
(8) We shall bear or reimburse the expenses necessary for the purpose of inspection and subsequent performance, in particular shipping, travel, labor and material costs, in accordance with the statutory provisions if there is actually a defect. Otherwise, we have the right to demand reimbursement from the Customer of the costs incurred as a result of the unjustified request for rectification of the defect (in particular inspection and transport costs), unless the lack of defectiveness was not recognizable to the Customer.
(9) In urgent cases, e.g. in the event of a risk to operational safety or to prevent disproportionate damage, the Customer shall have the right to remedy the defect on his own and to demand reimbursement from us of the expenses objectively necessary for this purpose. We shall be informed immediately of such self-performance, if possible in advance. The right of self-performance does not exist if we would be entitled to refuse a corresponding subsequent performance in accordance with the statutory provisions.
(10) If the subsequent performance has failed or if a reasonable deadline to be set by the Customer for the subsequent performance has expired unsuccessfully or is dispensable according to the statutory provisions, the Customer may withdraw from the purchase contract or reduce the purchase price. In the case of an insignificant defect, however, there is no right of withdrawal.
(11) Customer has the right to claim damages or reimbursement of futile expenses also in the case of defects of the goods, but only in accordance with section 8 and is otherwise excluded.
(1) Insofar as nothing to the contrary arises from these GTCC including the following provisions, we shall be liable in accordance with the statutory provisions in the event of a breach of contractual and non-contractual obligations.
(2) We shall not be liable (irrespective of the legal grounds) for damage which is not typically to be expected in the normal use of the goods. Our liability is also excluded for damages from loss of data, insofar as these result from the fact that recovery is not possible or is made more difficult due to missing or insufficient data backup. The above limitations of liability shall not apply in the event of intent or gross negligence.
(3) The limitations of this § 8 do not apply to our liability for agreements on the legal and factual nature of the goods within the meaning of § 444 of the German Civil Code (BGB), for injury to life, body or health or under the Product Liability Act (Produkthaftungsgesetz).
9. Data protection
10. Applicable law and place of jurisdiction
(1) The purchase contract existing between us and the customer shall be subject to the law of the Federal Republic of Germany, subject to mandatory provisions, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) If the Customer is a merchant within the meaning of § 1 (1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Berlin shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship concerned. In all other cases, we or the Customer may bring an action before any court having jurisdiction on the basis of statutory provisions.
Instructions of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the shipping agent, has taken possession of the goods.
In order to exercise your right of withdrawal, you have to inform us (Berliner Holzfenster BHF GmbH, Manteuffelstr. 3-4, 12103 Berlin (tel. +49 30 24355390) email@example.com), clearly declaring (e.g. a letter sent by post, fax or e-mail) your decision to withdraw from this contract. You may use the enclosed withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Sample withdrawal form:
(If you wish to withdraw from the contract, please fill in this form and send it back to us).
- To Berliner Holzfenster BHF GmbH, Manteuffelstr. 3-4, 12103 Berlin:
- I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods.
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of paper communication)
(*) Delete where inapplicable